Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Preschooler Ii V. Clark County School Board Of Trustees: A Closer Look At Application Of Qualified Immunity In Public School Districts, Rachael Crim
Golden Gate University Law Review
During the 2002-2003 school year, the mother of a pre-school aged, non-verbal, autistic child became concerned when her child came home with unexplained bruises and began exhibiting violent behavior. The mother brought an action on behalf of herself and her child seeking relief under the Individuals with Disabilities Act ("IDEA"), Americans with Disabilities Act, and claimed constitutional violations under Section 1983. In Preschooler II v. Clark County School Board of Trustees, the United States Court of Appeals for the Ninth Circuit held: 1) teacher's alleged conduct in beating, slapping, and head-slamming child violated Fourth Amendment rights for purposes of a …
Parental Due Process: Fields V. Palmdale School District, Roxana M. Smith
Parental Due Process: Fields V. Palmdale School District, Roxana M. Smith
Golden Gate University Law Review
The Ninth Circuit reaffirmed in Fields v. Palmdale School District that the constitutional "due process right of parents to make decisions regarding their children's education does not" authorize "individual parents to enjoin school boards from providing information" deemed appropriate in the performance of their educational function. The court further held that the parental right of privacy over the upbringing of children does not entitle parents to prohibit public schools from providing curricula about sex which the schools' boards deem educationally appropriate.